Summary: Mrs B complained the Council broke her garden waste bin and failed to replace it. She said it also failed to give her alternatives to dispose of her waste. As a result, Mrs B said she experienced distress from the Council’s delays and time and trouble to bring her concerns to the Council’s attention. The Council was at fault. This was because it failed to tell Mrs B it could not provide a bin and how she could dispose of her garden waste during this time. It was also at fault for failing to provide her a new bin in April 2021 as it said it would. The Council has agreed to apologise to Mrs B, tell her when it will provide a new bin and how she can dispose of her garden waste until she receives it. It will also make a payment to acknowledge the distress, uncertainty and time and trouble it caused her.

The complaint

1. The complainant, whom I shall refer to as Mrs B, complained the Council broke her garden waste bin and failed to replace it. She said it also failed to give her alternatives to dispose of her waste.
2. As a result, Mrs B said she experienced distress from the Council’s delays and not being able to dispose of her garden waste. She also said she has had time and trouble to get the Council to respond and provide her with a new bin.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of my investigation, I have:
• considered Mrs B’s complaint to the Council and its responses;
• discussed the complaint with Mrs B and considered the information she provided;
• considered the information the Council provided in response to my enquiries; and
• given Mrs B and the Council the opportunity to comment on a draft version of this decision and considered the comments received.

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What I found

Council policy

6. The Council’s policy is to provide each household with a green garden waste bin free of charge. Individuals can ask the Council for a new bin by calling the Council Environment Contact Centre. It says it will charge £15 to replace stolen or lost bins.
7. The Council says it will collect garden waste every 14 days. However, due to COVID-19, it said it would collect garden waste monthly between May and November 2020.
8. The policy also says garden waste must be in the green garden waste bins provided. It will not collect bags of green waste.

What happened

9. In May 2020, the Council’s Garden Waste Service collected Mrs B’s garden waste. However, it broke her bin as it fell into the back of the vehicle. The Council’s binmen told Mrs B she could ask the Council for a replacement.
10. On the same day, Mrs B called the Council Environment Contact Centre. She told the Council it had broken her bin and she asked for a replacement. Mrs B says the Council told her it would provide a new bin.
11. Mrs B did not receive a new bin from the Council. So, she asked the Council again to provide her with a new bin. She continued to ask the Council to do so on a least four occasions between May and November 2020.
12. However, the Council did not provide a new bin to Mrs B, and so complained to the Council. She said it had failed to provide her with a new bin as it said it would and it had failed to keep her informed. As a result, she had been unable to dispose of her garden waste, which included fruits from her trees, since May 2020.
13. In response, the Council apologised for the delay and inconvenience it had caused Mrs B. It said its Garden Waste Service was not running between November 2020 and April 2021, so it would provide a new bin when its service starts again.
14. Mrs B was not satisfied with the Council response. She asked the Council to provide a bin again and to reconsider her complaint.
15. The Council considered Mrs B’s complaint again but did not change its view. And so, Mrs B asked the Ombudsman to consider her complaint.
16. In response to our enquiries, the Council said:
• due to COVID-19, It had reduced its Green Waste Service to monthly collections during 2020;
• to comply with Government guidance on social distancing, it reduced all unnecessary contact with others to a bare minimum;
• the delivery of bins from its supplier was delayed due to COVID-19 and its stock of bins were depleted; and
• It advertised on social media and its website that any resident who did not have a bin, or had additional green waste, would be able to use open green recycling sacks or heavy-duty bags.
17. Mrs B has since told us the Council’s Garden Waste Service has started again, but it has still not provided her with a new bin.

Analysis

18. I acknowledge the impact COVID-19 had and continues to have on the Council. This means some of its usual services may not have been available due to its need to prioritise frontline services.
19. The Council’s says it did not have any bins to give Mrs B in 2020 and there were delays in deliveries of bins from its supplier due to COVID-19. I cannot therefore say the Council was at fault for not providing Mrs B a new Bin in 2020.
20. However, there was fault in the way the Council handled Mrs B’s request for a new bin. This is because:
• it did not tell Mrs B it could not provide a new bin, instead, it led her to believe she would receive a bin;
• when Mrs B complained, it told her she would receive a new bin in April 2021. This has not happened, and she has not been given any update;
• it did not tell Mrs B about any alternatives to dispose of her garden waste. The Council said it advertised on social media and its website that residents could use bags for garden waste collections. However, its normal policy is that it will not collect bags with garden waste. And so, I am not satisfied this was enough to tell her about this alternative.
21. I am satisfied Mrs B experienced some distress due to the uncertainty the Council caused and her inability to dispose of her garden waste. This injustice continues until she receives a new bin or a suitable alternative to dispose of her garden waste. I am also satisfied she also had time and trouble to get the Council to provide a new bin and bring her concerns to its attention.

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Agreed action

22. To remedy the injustice the Council caused to Mrs B, the Council has agreed to, within one month of the final decision:
1. apologise in writing to Mrs B, and tell her when it will provide her new bin and how she can dispose of her garden waste until it has been delivered;
2. pay Mrs B £200 to acknowledge the avoidable distress, uncertainty and time and trouble this caused her.
23. Within three months of the final decision the Council should also:
1. review how it shares information internally, so its Environment Contract Centre staff are aware of potential waiting times or delays in supply of bins.

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Final decision

24. There was fault leading to injustice. The Council has agreed to my recommendations. Therefore, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman